Hayward v. Department of Human Resources

935 A.2d 493, 177 Md. App. 402, 26 I.E.R. Cas. (BNA) 1759, 2007 Md. App. LEXIS 143
CourtCourt of Special Appeals of Maryland
DecidedNovember 7, 2007
DocketNos. 1962, 1963
StatusPublished
Cited by1 cases

This text of 935 A.2d 493 (Hayward v. Department of Human Resources) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hayward v. Department of Human Resources, 935 A.2d 493, 177 Md. App. 402, 26 I.E.R. Cas. (BNA) 1759, 2007 Md. App. LEXIS 143 (Md. Ct. App. 2007).

Opinion

RAYMOND G. THIEME, JR., Judge,

Retired, Specially Assigned.

This appeal from the Circuit Court for Baltimore City arises from the denial by the Department of Human Resources for Baltimore City’s Department of Social Services of the requests of two employees for a “conference” pursuant to § 5-706.1(c)(1) of Md.Code (2006 Repl.Vol.), Family Law Article (“FL”).

Appellants Angela Hayward, an instructional aide, and William Dixon, a teacher, were employed by the Baltimore City Public School System (“BCPSS”) at all times relevant to this appeal. In December 2005, the Department of Human Resources for Baltimore City’s Department of Social Services (the “Department”) received child abuse allegation reports against both appellants. After Department investigation, both cases were concluded “unsubstantiated.”

Appellants requested a “conference” to review the Department’s redacted investigation records and potentially request corrections and/or supplements, pursuant to FL § 5-706.1(c)(1). The Department denied both requests on the ground that the findings were “unsubstantiated” and neither appellant was “found responsible” for the alleged child abuse and so not entitled to a conference. Denial of the conference request left appellants unable to appeal. Subsequently, appellants filed for Writ of Mandamus in the Circuit Court for Baltimore City, each requesting that the court reverse the Department’s decision and order that it must grant the request for a conference in compliance with FL § 5-706.1(c). The Department moved to dismiss in both cases, after which appellants moved for summary judgment. The cases were consolidated, and on October 2, 2006, the court granted the Department’s motion, disposing of the cases and leaving appellants with no alternative legal remedy. Subsequently, appellants appealed to this Court and jointly moved to consolidate. This appeal duly followed and appellants pose these two questions for our review:

[406]*406QUESTIONS PRESENTED

I. DO APPELLANTS HAVE THE RIGHT TO APPEAL THE DEPARTMENT’S UNSUBSTANTIATED FINDINGS, PURSUANT TO MD. CODE FAM. LAW § 5-706.1(c), EVEN THOUGH THEY WERE NOT “FOUND RESPONSIBLE” FOR UNSUBSTANTIATED CHILD ABUSE?

II. DID THE CIRCUIT COURT FOR BALTIMORE CITY ERR IN DISMISSING APPELLANTS’ COMPLAINTS FOR WRIT OF MANDAMUS?

For the following reasons, we answer “yes” to both questions.

STATEMENT OF FACTS

I. Ms. Angela Hayward

Hayward has been employed by BCPSS since 1991 and beginning the 2005-06 school year worked as a Special Education Instructional Aide at Lafayette Elementary School. On December 14, 2005, in a report to the Department, Hayward was accused of physically abusing one of her students. Department caseworker Jacqueline Martin was assigned to investigate, met with Hayward and counsel on February 2, 2006, and by letter informed her the allegations were found “unsubstantiated” on May 15, 2006. Hayward was told that there was insufficient evidence and that she was not named as the alleged abuser. Appellant’s request for conference pursuant to FL § 5-706.1(c) followed.

II. Mr. William Dixon

Mr. Dixon has been employed by BCPSS since 2000 and beginning the 2005-06 school year worked as a teacher at Govans Elementary School. On December 26, 2005, Mr. Dixon was accused of physically abusing one of his students by way of a report to the Department. Department caseworker Lance Green was assigned to investigate, met with Mr. Dixon and counsel on December 22, 2006, and by letter informed Dixon the allegations were found “unsubstantiated” on April 6, 2006. Dixon was told that there was insufficient evidence and [407]*407that he was not named as the alleged abuser. Appellant’s request for conference pursuant to FL § 5-706.1(c) followed.

Both appellants requested separately that the Department provide them with a conference to review the records pursuant to FL § 5-706.1(c),1 and both were denied.2 The Department sent letters sent to appellants informing them of that denial. The Department’s denials were sent by Anis Ahmed, Special Coordinator, Intake and Assessment and read: 3

We are in receipt of your letter which requests an appeal regarding the decision of “unsubstantiated” child physical abuse against your client, [appellant]. As a result of your request, I have reviewed the case record and found that your client [appellant], was not identified as the alleged abuser. Only an individual who is “identified” has the right to appeal the department’s decision.
COMAR 07.02.26.05 provides that “An individual found responsible for indicated child abuse or neglect may appeal the finding____” Since your client, [appellant], was not identified as the responsible party [he/she] is not eligible for an appeal.

In response, appellants respectively filed complaints for Writ of Mandamus in the circuit court.

STANDARD OF REVIEW

In Prince George’s County Dept. Of Social Services v. Knight, 158 Md.App. 130, 854 A.2d 907 (2004), this Court stated:

[408]*408“A court’s role in reviewing an administrative agency-adjudicatory decision is narrow ...; it ‘is limited to determining if there is substantial evidence in the record as a whole to support the agency’s findings and conclusions, and to determine if the administrative decision is premised upon an erroneous conclusion of law.’
Marzullo v. Kahl, 366 Md. 158, 171, 783 A.2d 169 (2001) (citations omitted). “We respect the expertise of the agency and accord deference to its interpretation of a statute that it administers ...; however, we ‘may always determine whether the administrative agency made an error of law.’ ” Watkins v. Sec’y, Dep’t of Pub. Safety & Correctional Services, 377 Md. 34, 46, 831 A.2d 1079 (2003) (citation omitted).
When considering the validity of a regulation promulgated by an administrative agency, the prevailing standard of review is whether the regulation is “consistent with the letter and spirit of the law under which the agency acts.” The Court of Appeals has consistently held “where the Legislature has delegated such broad authority to a state administrative agency to promulgate regulations in an area, the agency’s regulations are valid under the statute if they do not contradict the statutory language or purpose.”
Gleneagles, Inc. v. Hanks, 156 Md.App. 543, 847 A.2d 520 (2004).

Id. at 137, 854 A.2d 907 (citations omitted); see also Fields v. Dept. of Human Resources, 176 Md.App. 152, 932 A.2d 824 (2007).

DISCUSSION

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Related

Department of Human Resources v. Hayward
45 A.3d 224 (Court of Appeals of Maryland, 2012)

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935 A.2d 493, 177 Md. App. 402, 26 I.E.R. Cas. (BNA) 1759, 2007 Md. App. LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayward-v-department-of-human-resources-mdctspecapp-2007.